Nicolosi v. Christopher

This is a motion by plaintiff to vacate a demand for a bill of particulars. The action is based upon a specific written instrument allegedly executed by defendant’s deceased husband on April 9, 1946 wherein he transferred to plaintiff (his sister) one half of his stock interest and of the profits earned upon it in a corporation owned by him. By way of relief, plaintiff seeks a declaration that the said assignment is valid and effective, and for an accounting with respect to the profits accruing to her as the result thereof.

The law is well settled that the office of a bill of particulars is to…